SOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT
Use of IOTrue Micro Solution(hereinafter “IOTRUE “) made GUI (hereinafter “SOFTWARE”) are contingent on your agreement to the following terms:
IMPORTANT NOTICE TO SOFTWARE USERS:
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE IOTRUE SOFTWARE. BY USING THE IOTRUE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE IOTRUE SOFTWARE TO THE PLACE WHERE YOU OBTAINED. IF THE IOTRUE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”.
This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. General: The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “IOTRUE Software”) are licensed, not sold, to you by IOTRUE for use only under the terms of this License, and IOTRUE reserves all rights not expressly granted to you. The rights granted herein are limited to IOTRUE ‘s and its licensors’ intellectual property rights in the IOTRUE Software and do not include any other patents or intellectual property rights. You own the media on which the IOTRUE Software is recorded but IOTRUE and/or IOTRUE ‘s licensor(s) retain ownership of the IOTRUE Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original IOTRUE Software product, unless such upgrade contains a separate license.
2. Permitted License Uses and Restrictions: This License allows you to install and use one copy of the IOTRUE Software on a single computer at a time. This License does not allow the IOTRUE Software to exist on more than one computer at a time, and you may not make the IOTRUE Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the IOTRUE Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the IOTRUE Software or any part thereof. THE IOTRUE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE IOTRUE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the IOTRUE Software. You may, however, make a one-time permanent transfer of all of your license rights to the IOTRUE Software to another party, provided that: (a) the transfer must include all of the IOTRUE Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the IOTRUE Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the IOTRUE Software reads and agrees to accept the terms and conditions of this License.
Updates: If an IOTRUE Software update completely replaces (full install) a previously licensed version of the IOTRUE Software, you may not use both versions of the IOTRUE Software at the same time nor may you transfer them separately.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, IOTRUE Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
Academic Copies: If the IOTRUE Software package has an academic label or if you acquired the IOTRUE Software at an academic discount, you must be an Eligible Educational End User to use the IOTRUE Software. “Eligible Educational End Users” means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private schools).
4. Consent to Use of Data. You agree that IOTRUE and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the IOTRUE Software. IOTRUE may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Termination: This License is effective until terminated. Your rights under this License will terminate automatically without notice from IOTRUE if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the IOTRUE Software and destroy all copies, full or partial, of the IOTRUE Software.
6. Limited Warranty on Media: IOTRUE warrants the media on which the IOTRUE Software is recorded and delivered by IOTRUE to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at IOTRUE ’s option, a refund of the purchase price of the product containing the IOTRUE Software or replacement of the IOTRUE Software which is returned to IOTRUE or an IOTRUE authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE IOTRUE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IOTRUE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IOTRUE AND IOTRUE ‘S LICENSORS (COLLECTIVELY REFERRED TO AS “IOTRUE ” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE IOTRUE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IOTRUE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE IOTRUE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE IOTRUE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE IOTRUE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE IOTRUE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE IOTRUE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IOTRUE OR AN IOTRUE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE IOTRUE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL IOTRUE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE IOTRUE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF IOTRUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.